These procedures are not cheap, but compared to District Court actions, they are substantially less expensive.
, Judge Sally Medley asked counsel how the Board could confirm the patentability of a patent claim, if the claim is invalid under § 112: JUDGE MEDLEY: What if we get involved in the trial and we determine, “Hey, we can’t figure out what these claims mean.” .
revocation by a court is significantly more expensive than the other options.
On the other hand, the other options have the unintended consequence of drawing the patentee’s / applicant’s attention to any problems in time for them to take corrective action.
Instead the Board stated in a footnote that they would “address only those grounds of unpatentability asserted under §§ 102 and 103.” IPR2013-00252, No.
How best to proceed will depend on: a) your budget and commercial goals – does the patent or patent application really impede your business?